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(영문) 서울북부지방법원 2016.09.29 2016고단3267

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On June 10, 2016, the Defendant discovered that the door of KS3 car owned by the victim D was not corrected at the Daejeon Dong-gu Seoul parking lot, Daejeon, Daejeon. The Defendant opened a door and set up a car, and stolen it with a cash of KRW 500,000,000 in cash owned by the victim, and with a SDR card and a subsidiary ticket on the market value.

2. From June 16, 2016, around 03:40 on June 16, 2016, the Defendant stolen the cash amounting to KRW 3.50,000,00 in cash owned by the victim who intruded into a cafeteria via a restaurant run by the victim G on the second floor of the Dongdaemun-gu Seoul Metropolitan Government F building, and was not corrected.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. A written statement of G and D;

1. On-site CCTV photographs;

1. Confirmation of identity of the thief;

1. Report of investigation (specific suspect);

1. Application of Acts and subordinate statutes to investigation reports (a statement made by the Inspector I belonging to the Seoul Regional Office);

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 329 (Aptitude, Selection of Imprisonment, and Selection) and 330 (Aptitude of intrusion upon residence at night) of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37 and Article 38 (1) 2 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) The basic area (a) of larceny [the scope of punishment recommended] the basic area (a period of one year to two years) of larceny for general property; and

(b) Nighttime residential larceny [the scope of recommended punishment] The basic area of larceny of general property (the general larceny) (the imprisonment of six months to one year and six months) (the person who is in special sentencing)

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for one year to three years.

3. The sentencing shall be determined by removing, or holding the disposition, the lower limit of the sentencing guidelines set in the sentencing guidelines, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the defendant's age, family relationship, tendency, etc.:

A favorable condition: the defendant commits his crime.